CRIMINAL RULES OF PRACTICE FOR THE SECOND JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA

APPROVED BY THE SUPREME
COURT OF NEVADA

Effective February 6, 2002

and Including

Amendments Through September 1, 2013

ORDER

Pursuant to a petition filed by the judges of the
Second Judicial District Court, and it appearing to the court that adoption of
local Criminal Rules for the Second Judicial District Court is warranted,

It Is Hereby
Ordered that the Criminal Rules of Practice for the Second Judicial
District Court of the State of Nevada shall be adopted and shall read as set
forth in Exhibit A.

It is Hereby
Further Ordered that these rule amendments shall become effective
immediately. The clerk of this court shall cause a notice of entry of this
order to be published in the official publication of the State Bar of Nevada.
Publication of this order shall be accomplished by the clerk disseminating
copies of this order to all subscribers of the advance sheets of the Nevada
Reports and all persons and agencies listed in NRS 2.345, and to the executive
director of the State Bar of Nevada. The certificate of the clerk of this court
as to the accomplishment of the above-described publication of notice of entry
and dissemination of this order shall be conclusive evidence of the adoption
and publication of the foregoing rule amendments.

Dated this
6th day of February, 2002.

BY THE COURT

A. William Maupin, Chief Justice

Cliff Young Miriam
Shearing

Associate Justice Associate
Justice

Deborah A. Agosti Robert
E. Rose

Associate Justice Associate
Justice

Myron E. Leavitt Nancy
A. Becker

Associate Justice Associate
Justice

CRIMINAL RULES OF PRACTICE FOR THE SECOND JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA

Rule 1. Scope, purpose and
construction. These rules govern all criminal actions in
the Second Judicial District Court of the State of Nevada. They are intended to
provide for the just determination of every criminal proceeding. They shall be
construed to secure simplicity in procedure, fairness in administration and the
elimination of unjustifiable expense and delay. They shall be cited as “L.C.R.”
For good cause shown and when the interest of justice requires, the district
court may modify these rules by court order, either pursuant to the motion of a
party or sua sponte, to fit the facts and circumstances of a particular case
pending before the court.

Comment: The
purpose of these criminal rules is to provide uniformity in practice among the
various judicial departments, however, each individual judge (should) retain
discretion over how cases ultimately proceed in their courtroom. This rule
strikes a balance between uniformity and judicial discretion. These rules do
not apply to juvenile proceedings, post-conviction proceedings or habeas corpus
actions. The statement of the purpose and construction of the rules parallels
Rule 2 of the Federal Rules of Criminal Procedure.

[As amended; effective December 15, 2011.]

Rule 2. Case assignment. Each
criminal action shall be randomly assigned to a department of the court and
shall remain in such department until final disposition of the action, unless:

(a) the action is brought against a defendant who
is the subject of another pending or prior action in this court, in which case
the action shall be assigned to the department of the most recent other action;
or

(b) as otherwise ordered by the chief judge
consistent with a plan of courtwide case management.

Comment: To the extent
possible, cases involving a defendant who is the subject of another case in
this district shall be assigned to the department of the other case. Otherwise,
cases shall be randomly assigned.

Rule 3. Initial appearance and
arraignment.

(a) At the initial appearance of the defendant
before the district court, the court shall:

(1) supply the defendant a copy of the
indictment or information unless the charging document has previously been made
available to the defendant through e-filing;

(2) if necessary, determine whether the
defendant qualifies for appointed counsel and, if so, appoint counsel to
represent the defendant. In such event, newly appointed counsel shall be given
an extension of time of at least 5 days before entry of plea;

(3) arraign the defendant upon all charges
in the indictment or information;

(4) subject to the conditions set forth in
NRS 178.4853, determine
appropriate conditions for the defendant’s release from custody or that
detention is warranted;

(5) if the defendant enters a plea of not
guilty, set the dates for trial, pretrial motions, evidentiary hearings or
status conferences;

(6) specify any discovery obligations of
the parties beyond those contained in Chapter
174 of the Nevada Revised Statutes.

(b) If the defendant enters a plea of guilty or
nolo contendere, the court may transfer the action to the Second Judicial
District Court (Washoe County) Specialty Courts, if appropriate, or order a
presentence report and set a sentencing date consistent with the jail
population management policies of the court and L.C.R.
9.

(c) Subject to the provisions of NRS 176.135, a presentence report
may be waived and sentence imposed at the entry of a plea of guilty or nolo
contendere.

Comment: The
initial appearance is the occasion for the court and counsel to establish a
meaningful schedule for the trial and all pretrial activity appropriate to each
case. Except in unforeseen, extraordinary circumstances, the schedule will not
be subsequently modified. Status conferences are conducted to monitor the
progress of a case. Persons who enter a plea of guilty or nolo contendere and
qualify for treatment in the Second Judicial District Drug Court may, if the
department deems the defendant to be an appropriate referral, be immediately
referred to such court without further proceedings in the department in which
the criminal action is commenced.

[As amended; effective December 15, 2011.]

Rule 4. Pleas of guilty or nolo
contendere.

(a) All pleas of guilty or nolo contendere entered
pursuant to a plea bargain agreement shall be supported by a written plea
memorandum, filed in open court at the entry of the plea, stating:

(1) the terms of the plea bargain
agreement;

(2) the factual basis for the plea and an
acknowledgment by counsel that the defendant has been advised of the discovery
produced and the evidence the State intends to present at trial;

(3) the constitutional rights waived by
the defendant;

(4) the maximum possible punishment for
any charge which is the subject of the plea bargain agreement;

(5) whether probation is available and
whether multiple or enhanced sentences can be concurrent or consecutive;

(6) the defendant’s acknowledgment that
the court is not bound by the plea bargain agreement; and

(7) the defendant’s knowledge of and
voluntary consent to the terms of the plea bargain agreement and the contents
of the memorandum.

(b) The guilty or nolo contendere plea memorandum
shall be signed by the defendant and counsel for all parties to the agreement.

Comment: The
plea bargain memorandum is integral to the entry of a guilty or nolo contendere
plea and must be completed, signed and filed when the plea is entered.

Rule 5. Release and detention
pending judicial proceedings.

(a) The court shall determine appropriate
conditions for release or that detention is warranted using the factors set
forth in NRS 178.4853 and NRS 178.486.

(b) All persons released from custody, on bail or
otherwise, shall comply with any terms or conditions of release imposed by the
court.

(c) The court shall order the pretrial release of
a defendant on personal recognizance (subject to supervision by the court
services department, or upon such additional conditions as the court deems
appropriate) unless the court determines that such release will not reasonably
assure the appearance of the defendant as required or will endanger the safety
of any other person or the community.

(d) If the court determines that the release of
the defendant pursuant to subsection (c) of this rule will not reasonably
assure the appearance of the defendant as required or will endanger the safety
of any other person or the community, the court shall consider the release of
the defendant upon the least restrictive condition, or combination of
conditions, that will reasonably assure the presence of the defendant as
required and the safety of any other person or the community, which may include
the condition that the defendant:

(1) remain in the custody of a designated
person, who agrees to assume supervision and agrees to report any violation of
a release condition to the court services department, if the designated person
submits to the jurisdiction of the court and is able reasonably to assure the
court that the defendant will appear as required and will not pose a danger to
the safety of any other person or the community;

(2) maintain employment or, if unemployed,
actively seek employment;

(3) maintain or commence an educational
program;

(4) abide by specified restrictions on
personal associations, place of abode or travel;

(5) avoid all contact with an alleged
victim of the crime and with a potential witness who may testify concerning the
offense;

(6) report by telephone or in person on a
regular basis to the court services department or a designated law enforcement
agency or other agency;

(7) comply with a specified curfew;

(8) refrain from possessing a firearm,
destructive device or other dangerous weapon;

(9) refrain from the use of alcohol or
controlled substances;

(10) undergo a specified program of
available medical, psychological, psychiatric or other counseling or treatment,
and remain in a specified institution if required for that purpose;

(11) execute an agreement to forfeit upon
failing to appear as required, such designated property, including money, as is
reasonably necessary to assure the appearance of the defendant as required, and
post with the court such indicia of ownership of the property or such
percentage of the money as the court may specify;

(12) execute a bail bond with solvent
sureties in such amount as is reasonably necessary to assure the appearance of
the defendant as required;

(13) return to custody for specified hours
following release for employment, schooling or other limited purposes; and

(14) satisfy any other condition that is
reasonably necessary to assure the appearance of the defendant as required and
to assure the safety of any other person and the community.

(e) The court may at any time amend the order or
conditions of release.

(a) The parties, through their counsel, without
order of the court, shall timely provide discovery of all information and
materials permitted by any applicable provision of the Nevada Revised Statutes.

(b) The content, timing, manner and sequence of
any additional discovery shall be directed by the court at the initial
appearance or as soon thereafter as reasonably practicable.

(c) Any discovery dispute shall be brought to the
attention of the court expeditiously by telephone conference, on the record,
with the court and all counsel, on oral application in open court or a written
motion.

(d) The court may impose appropriate sanctions
for the failure of a party or counsel to comply with any discovery obligation
imposed by law or ordered by the court.

Comment: Subsection
(a) of this rule eliminates the need for a discovery order unless the court
orders discovery beyond that required by the statutes of Nevada. The other
subsections of the rule promote prompt resolution of discovery disputes and
require sanctions for non-compliance with any discovery obligation.

Rule 7. Pretrial motions.

(a) Except as otherwise ordered by the court, all
pretrial motions, including motions in limine, shall be served and filed no
later than 20 days prior to trial. Computation of time as set forth in this
rule shall be in calendar days. If a pretrial motion is filed within 30 days
prior to trial, it shall either be personally served upon the opposition on the
date of filing or be e-filed.

(b) Every motion or opposition thereto shall be
accompanied by a memorandum of legal authorities and any exhibits in support of
or in opposition to the motion.

(c) All motions shall be decided without oral
argument unless requested by the court or party.

(d) If an evidentiary hearing is required by law
or requested by a party or ordered by the court and a hearing has not already
been set, counsel for the movant shall, upon filing the motion, notify the
opposing counsel and the department’s administrative assistant of the need for
the hearing. No later than 5 days after movant’s filing of the motion, all
counsel must meet with the department’s administrative assistant and set the
hearing.

(e) A legal memorandum in opposition to a motion
shall be served and filed no later than 10 days after service of the motion,
but in no case later than 10 days prior to trial. Failure of the opposing party
to serve and file a written opposition may be construed as an admission that
the motion is meritorious and consent to the granting of the same.

(f) A reply memorandum in support of a motion
shall be served and filed, and the motion submitted for decision, no later than
3 days after service of the opposition, but in no case later than 7 days prior
to trial. On the date that the reply is filed, the moving party shall notify
the filing office to submit the motion for decision by filing and serving all
parties a written request for submission of the motion on a form supplied by
the filing office. Should the moving party elect not to reply, the moving party
shall notify the filing office to submit the motion in accordance with this
rule within 3 days after service of the opposition.

(g) Nothing in subsections (a), (d), (e), or (f)
precludes a request for an extension of time upon good cause shown.

(h) Except as permitted by the presiding judge,
legal memoranda in support of a motion, opposition, or reply shall not exceed
10 pages, exclusive of exhibits.

(i) Motions made under L.C.R. 5 may be made orally in open court or in
an on-the-record telephone conference with the court and opposing counsel.

(j) If counsel for a party fails to comply with
the time frames specified in this rule, the court, in its discretion, may order
that said counsel be sanctioned in any manner the court deems appropriate,
including, but not limited to, monetary sanctions.

Comment: The
process and timing of motions and evidentiary hearings should enable
disposition of pretrial issues substantially in advance of trial. Good cause
for an extension may include the filing of two or more motions on the same
date.

[As amended; effective December 15, 2011.]

Rule 8. Jury instructions and
exhibits.

(a) Prior to the submission of jury instructions,
counsel for the parties shall meet and confer to avoid the submission of
duplicate instructions. Jury instructions offered by the State shall be served
on any opposing party and submitted to the court no later than 5:00 p.m. on the
Wednesday before trial. Jury instructions offered by the defense shall be
submitted in camera by Friday before trial.

(b) All proposed jury instructions shall be in
clear, legible type on clean, white, heavy paper 8 1/2 × 11 inches in size and
not lighter than 16 lb. weight with a black border line and no less than 24
numbered lines. The signature line with the words “District Judge” typed
thereunder shall be placed on the right half of the page, a few lines below the
last line of type on the last instruction. The designation, “Instruction No.
___” shall be near the lower left hand corner of the page.

(c) All original instructions, except pattern
instructions, shall be accompanied by a separate copy of the instruction
containing a citation to the form instruction, statutory or case authority
supporting that instruction.

(d) The district court shall conduct a conference
with all counsel to settle jury instructions as provided by NRS 175.161. During that
conference, the parties may submit additional jury instructions as needed. New
instructions offered at that time must comply with subsections (b) and (c) of
this rule.

(e) Any rejected instruction shall be made a part
of the record as proposed and filed with the clerk marked as “Refused.”

(f) Trial exhibits shall be marked in one
numerical sequence, without regard to the offering party, at a conference
scheduled by counsel with the court clerk. The conference shall be conducted
during the week before trial. Once the clerk marks the trial exhibits, they
shall remain in the custody of the clerk.

(g) When marking exhibits with the clerk, counsel
shall advise the clerk of all exhibits that may be admitted without objection.
Any stipulated exhibits or exhibits as to which there is no objection are
deemed admitted and may be referenced by counsel in opening statement.

[As amended; effective December 15, 2011.]

Rule 9. Sentencing.

(a) Counsel are required to assist the court in
projecting the time required to conduct the sentencing hearing. Counsel
anticipating any unusual matters affecting the length or other conditions of
any sentencing proceeding shall advise the court prior to or at the setting of
the sentencing date, or as soon thereafter as practicable. The court may set
lengthy sentencing hearings on dates and times different from the department’s
customary criminal calendar.

(b) If the court deems the defendant to be an
appropriate referral, the court shall,

(1) at arraignment, where legally
permissible, transfer the case to Drug Court for all further proceedings. A
defendant seeking entry into the Drug Court program must obtain conditional
approval prior to assignment;

(2) pursuant to the provisions of NRS Chapters 453 and 458, at sentencing, transfer the case to
the Second Judicial District Specialty Court; or

(3) at sentencing, order a defendant to
complete Second Judicial District Specialty Court as a condition of probation
and transfer the case for that purpose;

(4) the Specialty Court has jurisdiction
of the matter until the defendant is terminated from Specialty Court at which
time Specialty Court shall transfer the matter to the sentencing court for
further action.

(c) The court shall not consider any ex parte
communication, letter, report or other document but shall forthwith notify
counsel for all parties, on the record, of any attempted ex parte communication
or document submission.

Comment: If
possible, the court should be aware of any unusual aspects of sentencing when
the sentencing time and date are set. These may include anticipated delays in
the provision of legal documents, the need for a restitution hearing, or
lengthy testimony of witnesses. Except as otherwise required by law, counsel
for all parties should be privy to any communications or materials submitted in
mitigation or aggravation of sentence. The rule also clarifies the jurisdiction
of the departments for cases assigned to Drug Court, Diversion Court and
probation where Drug Court is a condition.

[As amended; effective December 15, 2011.]

Rule 10. Continuances.

(a) The timing of proceedings as directed by the
court at the initial appearance shall not be enlarged except upon a showing of
good cause.

(b) Stipulations or requests for the continuance
of any proceeding shall be in writing, signed by counsel and the defendant, and
submitted to the court as soon as practicable but in no event later than 4:00
p.m. on the judicial day immediately preceding the event. The court may waive
the signature of the defendant provided counsel certifies he or she has
obtained the consent of the defendant to the continuance.

Comment: Continuances
of any criminal proceeding are not favored, but, if requested, shall be
presented to the court under the terms of this rule.

Rule 11. Miscellaneous
provisions.

(a) A pretrial status conference may be conducted
if deemed appropriate by the court.

(b) Any withdrawal of counsel shall be in
writing, approved by the court and served on opposing counsel and notice to the
party affected.

(c) Substitutions of counsel shall be in writing
and served on opposing counsel. Substituted counsel shall transfer all files
and discovery to the defendant’s new counsel within 5 days of the date of
substitution.

(d) Transfer of primary responsibility for cases
between attorneys within the same office requires the filing of a Notice of
Appearance. This applies but is not limited to government agencies of the
Washoe County District Attorney’s Office, the Washoe County Public Defender’s
Office, and the Washoe County Alternate Public Defender’s Office.

(e) Counsel shall not communicate with or attempt
to influence a law clerk upon the merits of any contested matter pending before
the judge to whom the law clerk is assigned.

Comment: Status
conferences are conducted to monitor the progress of a case. The court shall
not conduct settlement conferences in criminal cases.